A specialist pedestrian accident lawyer is never short of work. More than 100,000 pedestrians are seriously injured each year in North America, and more than 100 people die every week because of their injuries.
To succeed in a claim against a driver, it is necessary for a pedestrian accident lawyer to show that that the driver was negligent, which means that the driver must have failed to act reasonably or in a manner that respects the safety of pedestrians.
Specialist car accident lawyers deal exclusively with motor vehicle accident cases. Most car accident lawyers will attempt to negotiate a settlement with the negligent driver’s insurers; however, a car accident lawyer should not delay the issue of legal proceedings in a court of law if defendants raise even the slightest possibility of defending the action. A pedestrian is a vulnerable road user having no protection and frequently suffers from very serious injuries that attract a high level of damages.
A specialist car accident lawyer will maximize your claim for compensation. For advice at no cost on pedestrian accident claims, just visit www.accident-lawyers.ca for a qualified lawyer who will usually advise you on road traffic accident law without obligation, to ensure that you preserve your legal rights and receive full compensation. If you subsequently instruct a car accident lawyer to act on your behalf, your compensation claim will be dealt with on a contingency basis, which means that if you don’t win compensation, then your lawyer won’t get paid.
Compensation Awards
A specialist pedestrian accident lawyer will help to recover damages for pain, disability, and economic losses. Litigation is intended to restore the injured person to the position that they would have been in had the accident never occurred and whilst money can never compensate adequately for serious personal injury or death. Compensation that can be claimed may include:
- pain and suffering, including psychological injury
- loss of income both past and estimated in the future
- cost of personal assistance both past and in the future
- medical expenses already incurred and estimated for the future
- damage to your motor vehicle
- loss of lifestyle
- disadvantage of the labor market
- property damage
- medical expenses
- home alterations
- out of pocket expenses
Pedestrian Accidents
Pedestrian casualties continue to show an upward trend, with about a quarter of all casualties either killed or seriously injured compared with about 10% of other road user casualties. 90% of all injuries to pedestrians occur on urban roads, and about 10% of all road casualties are pedestrians.
Most of the pedestrians killed and seriously injured in road accidents are hit by a car. No legislation exists to set out minimum requirements for pedestrian safety. ‘Enhanced Vehicle-Safety Standards’ would, if adopted worldwide, save thousands of lives per year if all car models complied. These requirements include enhanced profiles and crumple zones on cars to reduce the effects of the impact. Carmakers have made very little progress in enhanced pedestrian protection.
Contributory Negligence
Twenty percent of motor vehicle accident victims that end up being a mortality or serious injury are pedestrians. There are things pedestrians can do to protect themselves. Failing to take care of personal safety may be a reason for the negligent driver responsible for the accident to claim that the pedestrian was partially responsible for their own injuries under the doctrine of ‘contributory negligence’. If any of the following issues apply to the victim of a road traffic accent, there may be an allegation of contributory negligence, which is effectively an attempt by a negligent driver’s insurance company to reduce by a percentage the number of damages that they must pay to the injured pedestrian.
Watch carefully for motor vehicles. They are less likely to see you than you are to see them.
Use designated crossings on city streets. These are usually at junctions, although there can be other locations.
While you have the right of way as a pedestrian, it is a good idea to wait until there aren’t any vehicles coming before crossing.
If you walk at night along highways or pavements that are dark, wear light clothing, face the oncoming traffic, and carry a flashlight with you.
If you need to walk at night, wear highly reflective clothing or a reflective Sam Browne belt – do not wear dark clothing under any circumstances.
Evidence
When an experienced car accident lawyer agrees to act in a pedestrian personal injury claim, a professional investigator will often be assigned to collect any evidence that may be relevant to the claim, and there is a great deal that an injured person can do at an early stage to help gather and preserve information and evidence which will give the lawyer a significant head start in resolving the claim promptly and at full value. Obtaining the following information will help to maximize the potential for the full recovery of compensation through evidence preservation.
- the license plate number of the vehicle involved
- name address and insurance details of the driver
- police officers name, badge number, and home station
- photographs of the vehicle, the site location, and any injuries sustained
- name, address, and telephone number of any potential witness
Lawyers
Many pedestrian accident lawyers are specialist members of The American Association for Justice, formerly known as The Association Of Trial Lawyers of America, and they a track record of many years of successful verdicts and settlements. They will give you a fair deal by using a contingency fee agreement to represent you, which means that there is no money to pay upfront, and if your lawyer doesn’t succeed in getting you a settlement, then you do not pay him anything at all. Your lawyer will only receive a fee if you receive compensation.
Most lawyers will give you a completely personal service and will always be available to discuss your claim on the telephone. Usually, letters, faxes, and emails are, where possible dealt with on the same day, and you should be kept fully updated on the progress of your claim. If you are the innocent victim of an accident, then you may be able to obtain a settlement. If it was not your fault, then someone should pay you compensation.
